- 1 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 3351 OF 2018 (MV-I) BETWEEN: SRI SUNIL C/O. MANJU, AGED ABOUT 21 YEARS, RESIDENT OF M.D. HOSURU, DUDDA HOBLI, HASSAN TALUK, HASSAN DIST - 573201. …APPELLANT (BY SRI.CHETHAN B., ADVOCATE) AND: 1. SRI NAGENDRA S/O. SHIVEGOWDA, R/AT. BSNL TOWER, B.T. KOPPALU, DODDAPURA, HASSAN TALUK HASSAN DIST - 573201. 2. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRUTHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN - 573201. …RESPONDENTS (BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2) (V/O DT:23.09.2023, NOTICE TO R1 IS DISPENSED WITH) - 2 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.05.2017 PASSED IN MVC NO.203/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal has been filed by the appellant/petitioner under Section 173(1) of the Motor Vehicles Act, 1988 seeking to challenge an order dated 10.05.2017 in MVC No.203/2016 passed by the II Additional Senior Civil Judge and M.A.C.T, Hassan (hereinafter referred to as the “Impugned Judgment”). By the impugned judgment, the learned Trial Court has held that the appellant/claimant is entitled for compensation in Rs.2,17,760/- along with interest at 8% per annum. 2. Briefly the facts are that the appellant/petitioner was proceeding on his motor bike bearing registration No.KA-03- AS-5122 along with one Mr.Chandru as his pillion rider on 13.06.2015 at about 6.50 pm. At that time, near Srirampura gate, the driver of a Santro car bearing registration No.KA-02- - 3 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 Z-4681 stated to be driving in rash and negligent manner came from the road across and hit the petitioner's motor bike. The petitioner sustained various injuries to his head, forehead, right hand and other parts of the body and to undergo surgery and treatment in Government Hospital at Hassan. It is stated by the appellant / petitioner that he was an inpatient for twenty days as well, as a result of this accident. 3. It is the case of the appellant/petitioner that the appellant/petitioner was an agriculturist and also doing additional barber work in the spare time and earning about Rs.15,000/- per month. 4. The case was contested before the Trial Court by respondent No.2/Insurance Company. However, respondent No.1 who was the owner of the Santro vehicle did not appear and hence, was proceeded exparte. 5. On the basis of the pleadings of the parties, the learned Trial Court framed the following issues: "1) Whether the petitioner proves that, on 13-06-2015 at about 6:30 p.m., while he was riding his motor bike bearing Reg.No.KA-03-AS-5122 towards Dudda, the - 4 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 driver of the Santro Car bearing Reg.No.KA-02-Z-4681 by driving it in a rash and negligent manner hit to his motor bike and caused grievous injuries? 2) Whether the petitioner is entitled for compensation? If so, how much and from whom? 3) What order?" 6. Learned counsel for the appellant/petitioner submits that the challenge in the present appeal is only on one ground. He submits that the accident happened in the year 2015 and the claim petition was filed in the year 2016 and thus, the notional income to be taken by the learned Trial Court should have been Rs.9,000/-. However, the notional income was taken as Rs.6,000/- by the learned Trial Court. Reliance in this behalf is placed on Paragraphs 13 and 15 of the impugned order which are extracted below: "13. Loss of Income during laid-up period:- According to the petitioner, he was an agriculturist and a barber and thereby earning Rs.15,000/- per month. In support of the said contention, he has not produced any evidence except his oral testimony. Even if there is no evidence to ascertain the income of the petitioner, in the year 2015, even a coolie worker was paid atleast Rs.6,000/- per month. Therefore, I deem it proper to consider the notional income of the petitioner at - 5 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 Rs.6,000/- per month. Petitioner sustained fracture to his vital part of the body. Due to that injury the petitioner might not be in a position to work atleast for a period of 5 months. Hence, petitioner is entitled for compensation of Rs.30,000/-, (Rs.6,000/- x 5 months) on the above head. 15. As per the case of the petitioner, he was aged 19 years at the time of accident. It is not in dispute. The multiplier to be adopted for the age of 19 years is 18 as settled by the Hon'ble Supreme court in the case of Sarla Verma and others -Vs- Delhi Transport Corporation (AIR 2009 (SC) page 3104). It is already observed that, the monthly income of the petitioner at the time of accident would have been Rs.6,000/- per month. Hence, petitioner is entitled for compensation of Rs.77,760/- (Rs.6,000/- x 12 x 18 x 6/100) towards future income on account of permanent disability." [Emphasis supplied] 7. Learned counsel for the respondent/Insurance Company does not dispute this contention. He submits that the notional income for the year 2014-15 should have been taken as Rs.9,000/- and thus, the calculation of loss of income during the injury as well as loss of compensation should have been calculated at Rs.9,000/- per month. - 6 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 8. Since both parties are ad idem on this aspect, the only question to be decided by the Court is the extent of enhancement. 9. Based on monthly income at the rate of Rs.9,000/- per month, the revised compensation is to be re-calculated in the following terms; Heads of compensation Amount in Rupees (Rs.) Pain and suffering 45,000-00 Future medical expenses, Attendant, Conveyance, Nourishing food, and other incidental expenses 35,000-00 Loss of income during laid-up period (Rs.9000 x 5) 45,000-00 Loss of Future income on account of permanent disability (9000x12x18x6%) 1,16,640-00 Los of Amenities, Life comforts and expectancy of life 30,000-00 TOTAL 2,71,640-00 Less awarded by the Tribunal 2,17,760-00 Enhanced compensation 53,880-00 - 7 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 10. Accordingly, the compensation is enhanced in a sum of Rs.53,880/-.The enhanced amounts are to be paid by the Respondent/Insurance Company to the Appellant/Claimant along with interest at 6% p.a. However no interest shall be awarded for the period of 203 days of delay in filing the appeal in terms of order of this Court dated 25.06.2025. 11. Accordingly, the Court proceeds to pass the following directions: ORDER (i) The appeal and all pending applications are disposed of. (ii) The impugned Judgment and Award dated 10.05.2017 in MVC No.203/2016 passed by the II Additional Senior Civil Judge & MACT, Hassan is modified to the extent that the appellant/petitioner is entitled to enhanced compensation of Rs.53,880/- along with interest at the rate of 6%per annum from the date of petition till the date of realization, in - 8 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 addition to Rs.2,17,760/- that has been awarded by the Tribunal. (iii) No interest shall however be awarded for 203 days of delay in filing the Appeal. (iv) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (v) The Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of six weeks from the date of this judgment. (vi) The amount in deposit by the Insurance Company before this Court shall be transmitted to the Tribunal within a week. (vii) The Registry is directed to draw the modified Award accordingly. - 9 - HC-KAR NC: 2026:KHC:186 MFA No. 3351 of 2018 (viii) Registry is directed transmit a copy of this judgment to the concerned Tribunal, along with its records. (ix) No order as to costs. (TARA VITASTA GANJU) JUDGE GH/YN List No.: 1 Sl No.: 20 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA